delhirocks
12-03 10:19 PM
Optimist, thanks for the clarification. Do you get a 3 year extention if?
a) I140 is aproved
b) I140 filed but pending
Thx
not true. Irrespective of whether your 485 is filed or not, if your PD is not current, you can get a 3 year extension of your H1 if your I-140 is filed.
Saying this based on personal experience, and this has also been clarified by USCIS in its FAQ. Your attorney needs to mention that and ask for 3 years when the extension request is made. If they request one, they'll get one.
a) I140 is aproved
b) I140 filed but pending
Thx
not true. Irrespective of whether your 485 is filed or not, if your PD is not current, you can get a 3 year extension of your H1 if your I-140 is filed.
Saying this based on personal experience, and this has also been clarified by USCIS in its FAQ. Your attorney needs to mention that and ask for 3 years when the extension request is made. If they request one, they'll get one.
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sorcerer666
11-15 03:08 PM
I think 'STEM" is the word here :D and include people from an "accredited" US university and not something like Trivalley University
hopefulgc
08-13 11:25 PM
wonder why i earned the red mark??
is it too wrong to speak our voice????
is it too wrong to speak our voice????
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bsbawa10
07-18 09:39 AM
Are the processing times according to the notice date or the received date ? Mine are 4 months apart.
more...
speddi
08-21 02:27 PM
My checks got cashed yesterday. I filed at TSC and my 140 was approved at TSC..PD Aug 2006..my app reached tsc on july 2nd 10.23am(according to fedex)
PavanV
02-08 12:23 PM
Thanks for posting a very relevant question, I am in a very similar situation, my labour has not yet been approved (was applied in July 09'), i think 2010 is a defining year of immigration drain.
more...
pappu
12-26 11:27 AM
OK so I was the original poster that spoke about my friend. Now I will give you some insight into my own case. I have been now in the US since 1991(though my PD is August 2001). Here are some details
Jan 1991 : Arrived in US as 19 yr old after completing Diploma in Engineering from India (10 plus 3).
1991- 1996: Took 5 yrs to complete 4 yrs degree as I was paying my own way. Working full time and studying full time on F1 visa.
1996 -1998 : Completed MBA. This time situation was better because I had financial aid and in state tuition.
1998-1999: Completed internship at an Investment Bank. Had to find another job because I Bank didnt want to do H1. Have been at current job since 1999.
2001: CVompany policy was to wait 2 yrs before applying for GC. So finally filed labor in 2001.
2005 : Labor finally approved from BEC. I 140 filed and approved.
June 2007 : 485 filed (as a 36 yr old)
You are here since a very long time.
If rules can be proposed in CIR for undocumented allowing them to get a greencard if they can prove they are here for minimum X number of years, similar rules can be created for legal documented immigrants (like yourself) too. Its just that the legal immigrant community is not united and does not have enough power yet to raise the voice.
Jan 1991 : Arrived in US as 19 yr old after completing Diploma in Engineering from India (10 plus 3).
1991- 1996: Took 5 yrs to complete 4 yrs degree as I was paying my own way. Working full time and studying full time on F1 visa.
1996 -1998 : Completed MBA. This time situation was better because I had financial aid and in state tuition.
1998-1999: Completed internship at an Investment Bank. Had to find another job because I Bank didnt want to do H1. Have been at current job since 1999.
2001: CVompany policy was to wait 2 yrs before applying for GC. So finally filed labor in 2001.
2005 : Labor finally approved from BEC. I 140 filed and approved.
June 2007 : 485 filed (as a 36 yr old)
You are here since a very long time.
If rules can be proposed in CIR for undocumented allowing them to get a greencard if they can prove they are here for minimum X number of years, similar rules can be created for legal documented immigrants (like yourself) too. Its just that the legal immigrant community is not united and does not have enough power yet to raise the voice.
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satishku_2000
09-17 02:46 PM
Hi everyone, I have been approved on 9/6/7.
only 92 days after AOS filing.
My sponsor, I did work with them from 2002-2007. They agree to file i-485 in the hopes economy would get better. However house builders are doing very bad now and they cannot take me back after approval.
The question is, does this spoiled my chances for citizenship?
I think you can get a letter from employer stating that they can not employ you any more. I am not sure if they issue a letter to every person that loses the job. Just make sure that your intention to work with the sponsering employer is documented somehow .
I have an idea here ... just write an email to your boss or HR stating "how good company has been to you and how they helped you with your immigration process and given a choice you would rather work with the same company"
Take a printout of all these emails and save them if you still have a chance. You can use all these to prove if you run into any problems during the naturalization process.
Apart from these things collect the news paper clips or company wide emails that talk about downsizing. These things should help you to prove your intentions if there is a query about your intentions at the time of naturalization.
If you think company will survive for 5 or 10 more years , just keep in touch with your HR
only 92 days after AOS filing.
My sponsor, I did work with them from 2002-2007. They agree to file i-485 in the hopes economy would get better. However house builders are doing very bad now and they cannot take me back after approval.
The question is, does this spoiled my chances for citizenship?
I think you can get a letter from employer stating that they can not employ you any more. I am not sure if they issue a letter to every person that loses the job. Just make sure that your intention to work with the sponsering employer is documented somehow .
I have an idea here ... just write an email to your boss or HR stating "how good company has been to you and how they helped you with your immigration process and given a choice you would rather work with the same company"
Take a printout of all these emails and save them if you still have a chance. You can use all these to prove if you run into any problems during the naturalization process.
Apart from these things collect the news paper clips or company wide emails that talk about downsizing. These things should help you to prove your intentions if there is a query about your intentions at the time of naturalization.
If you think company will survive for 5 or 10 more years , just keep in touch with your HR
more...
gcisadawg
03-18 01:28 PM
As far as I know, the only obligation for the company is to provide a return air ticket to your home. Other than that, you are on your won!
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pmb76
07-15 02:47 PM
We should put end to Lou's lies. Let's be creative. We thought of the flower campaign, we all have higher degrees. There should be a way how to stop this guy. I think we are the only ones who can do it.
By the way, Lou's ancestors came to USA also legally like us. What is the difference then? Really the only people who have the right to criticize the legal immigration to USA are the native Americans. I know that this argument would never success with the general public here but I believe it's true.
I don't think that Lou's ancestors even had visas. They probably came on the Mayflower, went to Ellis island and were just allowed to live anywhere they chose. Atleast we came here with legal paperwork.
One of the ways to stop him is to show him the actions of his own employer. If you read the petition, one of the key things is
http://www.petitionspot.com/petitions/loudobbs
"From the records I obtained from USCIS/INS, Time Warner and its subsidiaries, your esteemed company who Lou Dobbs works for, hired at least 55 H1-B workers in 2006. Did your company hire these workers illegally ? Did your immigration law department check the validity of their visas ?
I am sure these are very difficult questions to answer. There is a very popular English proverb "People who live in glass houses should not throw stones" and this very well applies to Time Warner Inc. Lou Dobbs crying foul about H1-B workers while his own employer hires tons of them. I have attached the details of the H1-B approvals for Time Warner Inc. and subsidiaries which I obtained from USCIS."
I think this is very hard-hitting since it exposes the contradictions within Time Warner. Would Lou criticize his own employer for hiring H1-Bs ? I think he would be fired if he did.
By the way, Lou's ancestors came to USA also legally like us. What is the difference then? Really the only people who have the right to criticize the legal immigration to USA are the native Americans. I know that this argument would never success with the general public here but I believe it's true.
I don't think that Lou's ancestors even had visas. They probably came on the Mayflower, went to Ellis island and were just allowed to live anywhere they chose. Atleast we came here with legal paperwork.
One of the ways to stop him is to show him the actions of his own employer. If you read the petition, one of the key things is
http://www.petitionspot.com/petitions/loudobbs
"From the records I obtained from USCIS/INS, Time Warner and its subsidiaries, your esteemed company who Lou Dobbs works for, hired at least 55 H1-B workers in 2006. Did your company hire these workers illegally ? Did your immigration law department check the validity of their visas ?
I am sure these are very difficult questions to answer. There is a very popular English proverb "People who live in glass houses should not throw stones" and this very well applies to Time Warner Inc. Lou Dobbs crying foul about H1-B workers while his own employer hires tons of them. I have attached the details of the H1-B approvals for Time Warner Inc. and subsidiaries which I obtained from USCIS."
I think this is very hard-hitting since it exposes the contradictions within Time Warner. Would Lou criticize his own employer for hiring H1-Bs ? I think he would be fired if he did.
more...
payur
10-05 02:20 PM
Most audits are routine, once you can back up your claims with paper records/receipts you will be OK, but consult with your CPA and be ready to address the points raised.
Unless you have been found to commit criminal fraud, it should not affect your green card petition. Small penalties and the like have no effect. Last year I had to pay a small penalty because I underestimated my taxes deducted during the year.
You are getting an audit for the 2005 year now? I would have thought they would have moved on by now. Did you take an extension and file late last year?
You can expect it anytime. The retention period is 7 years, so keep all your tax filing papers and all related docs for at least 7 years.
Unless you have been found to commit criminal fraud, it should not affect your green card petition. Small penalties and the like have no effect. Last year I had to pay a small penalty because I underestimated my taxes deducted during the year.
You are getting an audit for the 2005 year now? I would have thought they would have moved on by now. Did you take an extension and file late last year?
You can expect it anytime. The retention period is 7 years, so keep all your tax filing papers and all related docs for at least 7 years.
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rajubuthi
08-17 12:48 PM
This was filed under EB2..
PERM went smooth without any audit.. and also There is no RFE for I-140. My company just received a denial letter..
PERM went smooth without any audit.. and also There is no RFE for I-140. My company just received a denial letter..
more...
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jmehta
05-24 01:46 PM
Done from MA
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StarSun
08-18 09:41 AM
The conference call in details are as follows:
Time: 9:00 pm EST on Thursday, Aug 19, 2010.
Dial in: 1-712-432-3030
Code: 436964
Members are requested to post their questions on this thread or send the questions to IVCOORDINATOR@GMAIL.COM. Members have to be present for their question to be raised in the call. We should be able to accommodate 10-15 questions in this call.
Please join the conference at least 5-10 minutes early to notify me of your presence, and the questions will be taken up based on this order.
Future conference calls with the attorney on a regular basis will depend on a fair amount of participation tomorrow.
Time: 9:00 pm EST on Thursday, Aug 19, 2010.
Dial in: 1-712-432-3030
Code: 436964
Members are requested to post their questions on this thread or send the questions to IVCOORDINATOR@GMAIL.COM. Members have to be present for their question to be raised in the call. We should be able to accommodate 10-15 questions in this call.
Please join the conference at least 5-10 minutes early to notify me of your presence, and the questions will be taken up based on this order.
Future conference calls with the attorney on a regular basis will depend on a fair amount of participation tomorrow.
more...
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Roger Binny
11-29 07:14 PM
Congrats...!!!
Time to change your handle to "EkAurGayaFromGCQ"....;)
njoy the freedom.
Time to change your handle to "EkAurGayaFromGCQ"....;)
njoy the freedom.
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siravi
11-20 05:06 PM
nihar, is this "consultant" your attorney? You should contact an immigration attorney with your concerns; not familiar at all with "lottery" H1B, so have no information.
Good luck.
Good luck.
more...
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rxsimha
03-17 03:20 PM
^^^
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alethos
01-03 01:06 PM
::psssst::....Kit, I jest. Mine age doth vie with thine, hence thy remark didst vex me...
If smiley's count as pixel art (they're made pixel-by-pixel), then I have one pixel pic under my belt. On to lucky number zwei.
I'm hoping you give us tons of time for this. It takes a lot longer than I first imagined!
-Al
If smiley's count as pixel art (they're made pixel-by-pixel), then I have one pixel pic under my belt. On to lucky number zwei.
I'm hoping you give us tons of time for this. It takes a lot longer than I first imagined!
-Al
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laborchic
10-19 09:32 AM
Any number lesser than 800,000 is good for us.. doesnt mean all is well.. we have to continue in our efforts with IV and we could have a better breakthrough..
desi3933
03-18 10:36 AM
He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years....
Total BS and Incorrect.
One can work on current H-1B (irrespective on basis it was approved), until the H-1B petition is revoked or canceled or expired. However, beneficiary is not eligible for new/extension of H-1B after I-485 denial.
__________________
Not a legal advice.
Total BS and Incorrect.
One can work on current H-1B (irrespective on basis it was approved), until the H-1B petition is revoked or canceled or expired. However, beneficiary is not eligible for new/extension of H-1B after I-485 denial.
__________________
Not a legal advice.
gk_2000
11-15 07:43 PM
Immigration and education should be two seperate things. NO support to categorize further on immigration, We should take out the country cap. It should be First come first serve basis. with necessary background checks on education and skills.
I welcome this sane voice
Come on folks, the reason we are suffering today is this mentality of whipping, punishing ourselves. Why do you want to go through the wall of fire, when people out there are trying the easiest means out? WHY? Why do you want to put us all through even more punishment? Please, drop these kinds of threads
I see that 2 people have given reds for this comment. I also see why British was able to enslave India
I welcome this sane voice
Come on folks, the reason we are suffering today is this mentality of whipping, punishing ourselves. Why do you want to go through the wall of fire, when people out there are trying the easiest means out? WHY? Why do you want to put us all through even more punishment? Please, drop these kinds of threads
I see that 2 people have given reds for this comment. I also see why British was able to enslave India